This C.C. came before us for final hearing in the presence of Sri.B.Tiruamala Rao, Advocate for complainant; Sri.R.Hariprasad, advocate for Opposite party No.1; notice of opposite party No.2 served called absent; upon perusing the material papers on record and upon hearing arguments, and having stood over for consideration, this Forum passed the following:-
ORDER
(Per Smt.V.Vijaya Rekha, Member)
1. This complaint is filed under section 12(1) (a) of the Consumer Protection Act, 1986, with the following averments;
The son of the complainant studied in the institution of opposite parties from IV class to X and obtained 559 marks out of 600 in class X and intends to join his son in a reputed college, as he got good marks, approached the opposite parties for certificates, such as T.C., Memorandum of Marks, Study and Conduct certificates, instead of giving the same the opposite parties threatened the complainant, to join his son in their college and also warned the complainant, if he failed to do so, they did not give the certificates. The complainant further stated that he joined his son in Excellent Junior College, Khammam by paying an amount of Rs.2,400/- vide receipt No.209, dated 28-6-2006 and for submitting the original certificates before the college authorities, the complainant approached the opposite parties and requested to give the same, but the opposite parties given T.C. and Memorandum of Marks after payment of Rs.4,500/- and Rs.1,350/- on 17-8-2006 vide receipt Nos.3789 and 2668 and the complainant also alleges that the opposite parties illegally collected the said amount, as he was already paid Rs.1,000/- on 1-8-2005 and Rs.1500/- on 22-12-2005. After payment of Rs.5,850/- the complainant made many rounds to the opposite parties for remaining certificates, but all the efforts of the complainant in vain, as such the complainant got issued legal notice to the opposite parties on 12-3-2008 and even after receipt of legal notice also the opposite parties did not respond to give study and conduct certificates and did not refund Rs.5,850/-, it amounts to deficiency of service, as such prayed the forum to direct the opposite parties to give study and conduct certificate of complainant’s son and refund Rs.5,850/-, which was collected from the complainant, Rs.20,000/- towards damages and costs.
Along with the complaint, the complainant filed affidavit and also filed
i) Receipt dated 1-8-2005 for Rs.2,000/- issued by the opposite parties
ii) Receipt dated 22-12-2005 for Rs.1,500/- issued by the opposite parties
iii) Receipt dated 17-8-2006 for Rs.1,350/-issued by the opposite parties
iv) Receipt for Rs.4,500/- issued by the opposite parties
v) Receipt dated 28-6-2006 for Rs.2,400/- issued by Excellent Jr. College, Khammam
vi) Office copy of legal notice dated 12-3-2008 along with acknowledgments
After receipt of notice, the opposite parties appeared through their counsel, but failed to file counter inspite of giving sufficient opportunities.
In view of the above circumstances, now the point for consideration is, whether the complainant is entitled to any relief as prayed or not?
Point:
As seen from the averments of the complaint and material filed by the complainant, the son of the complainant was a student of opposite parties from IV to X class and after completion of X class the complainant approached the opposite parties for collection of certificates, the opposite parties illegally collected Rs.5,850/- from the complainant, as he already paid Rs.2,500/- in the year, 2005 towards X class school fee and in support of his allegations, the complainant filed some material and it reveals, that the complainant paid Rs.1,000/- towards school fee on 1-8-2005 and Rs.1500/- towards school fee for X class on 22-12-2005 and at the time of receipt of T.C. and Memorandum of Marks, the complainant paid Rs.1350/- vide receipt No.2668 on 17-8-2006 and in the said receipt, the opposite parties mentioned in the column of class, that the son of the complainant was X passed, as such it revealed that the opposite parties collected the said amount of Rs.1350/- towards school fee for X class and the principal of the institution of opposite parties was also endorsed on the same receipt dated 17-8-2006, that the account was closed, as such it clearly shows that there was no dues from the side of the complainant and as per the receipt No.3789, the opposite parties collected Rs.4,500/- towards college and hostel fee for Intermediate I year, but as per the receipt No.209, dt.28-6-2006 issued by the Excellent Junior College, Khammam, the son of the complainant had joined in the Excellent Junior College, for I year Inter by paying Rs.2,400/- towards college fee, as such it clearly shows, that the opposite parties collected Rs.4,500/- for Intermediate I year course after the joining son of the complainant in the Excellent Junior College, Khammam on 28-6-2006 and moreover the opposite parties closed the account of the son of the complainant as per the receipt dt.17-8-2006 and the opposite parties also failed to disprove the allegations of the complainant by way of filing their counter and material if any, as such the attitude of opposite parties amounts to unfair and unethical.
In the present case on hand the complainant filed an I.A. at the time of filing of the complaint, for issuance of study and conduct certificates, accordingly this forum ordered the opposite parties to issue the said certificates within one week from the date of issuance of order in I.A.No.54/2008.
In view of the above discussion, the opposite parties are liable to refund the amount of Rs.4,500/-, which was collected from the complainant towards college and hostel fee for intermediate I year course, as such the point is answered accordingly in favour of the complainant.
In the result, the complaint is partly allowed, the opposite parties are directed to refund the amount of Rs.4,500/- which was collected from the complainant towards college and hostel fee for intermediate I year course and also liable to pay Rs.1,000/- towards costs within one month from the date of receipt of this order.
Dictated to the steno, transcribed by her, corrected and pronounced by us in the forum on 25th day of March, 2009.
Senior Member/ I/c.President Member
District Consumers Forum, Khammam
Appendix of evidence
-Nil-
Senior Member/ I/c.President Member
District Consumers Forum, Khammam
